Usually yes for the asset concerned, unless the will makes a valid later declaration. This is a technical area — take advice.
The Canadian position
Usually yes for the asset concerned, unless the will makes a valid later declaration. This is a technical area — take advice.
Provincial law governs the detail, so confirm the position where the estate will be administered.
The Islamic position
The fixed shares apply to the net estate after funeral expenses, debts and any bequest capped at one third.
Where a Canadian instrument has no classical counterpart, treat it as a contemporary question for a qualified scholar.
The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.
- Research Papers — Cambridge Muslim College
- Research — Cambridge Muslim College
- Academics — Islamic law and theology curriculum — Zaytuna College
- Encyclopaedia of Islam — Brill
- Death of an RRSP annuitant — Canada Revenue Agency
- Death of a TFSA holder — Canada Revenue Agency
- What to do when someone has died — Canada Revenue Agency
- Co executors deadlocked beneficiary options ontario — Treadstone Law
- Executor dealing with rrsp estate ontario — Treadstone Law
- Unused rrsp room carryforward — Treadstone Law
- Equalization payment rrsp rollover how it works — Treadstone Law
- Court order distribute missing beneficiary ontario — Treadstone Law
- Naming estate as rrsp beneficiary disadvantages — Treadstone Law
- Wills & estates practice — Treadstone Law